September 12, 2008

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Dear {!firstname}:

Welcome to Your WEBSITE LAW ALERT by Chip Cooper and DigiContracts.com

T Boone Pickens... you've seen the ads on TV. He's the billionaire oilman who's now a fellow traveler among environmentally-minded Democrats.

I'm not taking sides with his politics past or present, his aggressive acquisitions in the 80's, or the specifics of his energy plan. All I'm saying is that if you sent out to central casting for a guy to play the role he's playing in his ads -- they would send you T. Boone Pickens.

T. Boone Pickens simply has "it" -- the voice, the accent, the gravitas. Hopefully, he'll be a catalyst for creating a consensus for a national energy plan that makes sense.

Most ecommerce businesses are small businesses. They outsource a lot of their requirements; however, they may have a few very key employees.

What happens to your business if a key employee resigns and then accesses your database and copies valuable proprietary information? What remedies do you have?

The federal Computer Fraud And Abuse Act (CFAA) represents a relatively new weapon for employers against disloyal employees. For more information regarding the CFAA, how it fits relates to more traditional remedies, and a couple of recent cases construing it, click here.

Our DigiContracts.com site offers an Intellectual Property, Ownership and Confidentiality Agreement for use with key employees who may be software designers, programmers, documentation, and/or content writers.

This agreement transfers ownership of intellectual property (IP) to the employer and also imposes confidentiality obligations on the employee to protect the employer's confidential information and trade secrets.

Earlier this year, we updated this agreement by adding a CFAA clause which defines when access to the employer's computers and networks becomes "unauthorized", as discussed in the article linked above.

Regards,

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